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| Title: | Eradicating delay in the prosecution of crimes of genocide in Rwanda through 'gacaca' courts: will any form of justice do? |
| Author: | Mwenifumbo, A.W. |
| Year: | 2007 |
| Periodical: | East African Journal of Peace and Human Rights (ISSN 1021-8858) |
| Volume: | 13 |
| Issue: | 2 |
| Pages: | 309-320 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Rwanda East Africa |
| Subjects: | gacaca legal procedure genocide law Criminal justice, Administration of Gacaca justice system Trials (Genocide) |
| External link: | https://www.ajol.info/index.php/eajphr/article/view/39356 |
| Abstract: | After the 1994 genocide, Rwanda adopted a strict retributive justice model. The objective was to ensure accountability by all who had participated in the genocide, not just the planners and instigators, but every participant. However, the judiciary did not have the capacity to try all cases. In 1996, a new law was adopted that reintroduced the 'gacaca' system of justice (a community-based model of conflict resolution, originally used to resolve disputes around land rights, theft, etc.) in order to help in the eradication of delay in prosecution. However, there are bounteous arguments for and against the system in respect of the due process guarantees it affords. The present paper criticizes the very competence of the 'gacaca' courts, arguing that, no matter how expedient the mechanisms for eradicating delay in the prosecution of genocide, the incompetence of the 'gacaca' judges ('inyangamugayo') would lead to miscarriages of justice and the benevolent goal to eradicate delay is futile. Notes, ref., sum. [ASC Leiden abstract] |